Why You Might Need A Non-Durable Power of Attorney

A power of attorney (POA) is someone you appoint to make legal and financial decisions on your behalf should you no longer be able to do so. A non-durable power of attorney is a type of POA that is usually established to achieve a specific financial or legal goal. (For example, a non-durable power of attorney may be used if your signature is needed on a financial or legal document, but you cannot be present to physically sign the document.) In this way, a non-durable POA usually provides specific rather than general financial and legal coverage.

Reasons for establishing a non-durable power of attorney

You might consider establishing a non-durable power of attorney if you cannot be present to sign or execute certain documents or dealings, and need someone with legal authority to act on your behalf.

Reasons to establish a durable power of attorney rather than a non-durable power of attorney

If you should become incapacitated or incompetent before the specific transaction is to occur a non-durable power of attorney will expire, and the agent will not be able to act on your behalf. For this reason, many legal professionals encourage naming a durable power of attorney rather than a non-durable power of attorney.

When a non-durable power of attorney goes into effect

A non-durable power of attorney goes into effect as soon as the document is signed and expires if/when you are declared mentally incompetent or die, whichever comes first. You may revoke a non-durable power of attorney at any time.

For advice on how to choose someone to serve as your power of attorney, see our article How to Choose a Power of Attorney.

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